Migrants with Dubious Asylum Claims Enjoy Massive Court Backlogs as DHS Schedules Hearings 4 to 10 Years Out

Migrants surrender to US Border Patrol agents at the US-Mexico border before the lifting o
Eric Thayer/Bloomberg
John Binder

Migrants released into the United States with dubious asylum claims will enjoy a massive backlog in the nation’s immigration court system as the Department of Homeland Security (DHS) schedules hearings as far out as a decade from now.

This week, President Joe Biden ended the Title 42 public health authority that was used for more than three years at the U.S.-Mexico border to remove close to three million illegal aliens and send them back to their native countries.

As a result, Biden’s DHS has implemented an expansive Catch and Release network that includes releasing border crossers into the U.S. interior with Notices to Appear (NTAs) in federal immigration court.

In some cases, as independent journalist Tayler Hansen reported, migrants are being given NTAs to appear before an immigration judge in 2026 and 2027:

In addition to issuing border crossers NTAs, the Biden administration had also issued Notices to Report (NTRs) for months — paperwork that effectively asks migrants to report, eventually, to a local Immigration and Customs Enforcement (ICE) office and then to receive a court date.

DHS documents, reviewed by Breitbart News, show that as of February, migrants with NTRs have been given scheduled immigration hearings as far out as a decade from today. In New York, for instance, many border crossers will not have to go before an immigration judge until October 2032.

In other cities, like Jacksonville, Florida, and Miramar, Florida, migrants will not go before an immigration judge until 2028, and in Atlanta, Georgia, and San Antonio, Texas, migrants will not have their asylum cases heard until 2027.

The backlog is important for border crossers who file bogus asylum claims, as they can remain in the U.S. for years – in some cases, a decade – before ever having to face an immigration judge.

A fraction of border crossers released into the U.S. end up securing asylum. Take Biden’s “Dedicated Dockets” program, meant to fast-track the asylum process for migrants. Data published last year found that just one percent of border crossers in the program had valid claims for asylum to remain in the U.S.

John Binder is a reporter for Breitbart News. Email him at jbinder@breitbart.com. Follow him on Twitter here. 

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